Transfer of property which is in my deceased father's name

if he had died intestate then only 1/3 property will be inherited by your mother and you two brothers will get 1/3 property each as your share.but if your father had willed it to your mother you can simply mutate it on her name with the will and the death certificate of your father.

Hi Saravanan

Thanks for the response..

My father didn't write any will. We brothers don't have any objection in registering in  my mother's name. Please let me know how to proceed on this.  Also, Can we sell the property if its still in my father's name?

Any problems we will face if it continues to be in my father's name?

Thanks

Shekhar

1. First transfer the land to your three names by giving death certificate,  affidavit, indemnity etc to revenue authorities.

2. If you want to make your mother absolute owner ---- Make a release deed register it in which you both relinquish your undivided shares in her favour.

3. Get your names deleted from revenue records..

4. this way proper title will pass to her.

And if you want to sell you all three can sign the conveyance deed after undertaking the step at serial no 1 above.  withou doing any thing else.

(ALL THREE OF YOU CAN SELL DIRECTLY TOO TO ANYBODY) but adopting above steps will show more transparency and you may get more money!

 A follow up question on this if there is a "will"  available but its not probated, and there is no dispute between the siblings can property be transfered as per the division mentioned in the will?

As long as every legatee is willing and all are in one mind there is no problem. But then why you should probate it. approach the revenue authorities and get it transferred in the name of any body as mentioned in my earlier reply.